Indian Penal Code, 1860, Section 302, 34 -- Matrimonial offence - Murder of wife - Conviction of husband and his mother - Case based on circumstantial evidence - Victim sustained 100% burn injuries - Defence plea that it was accidental fire - PW-17, an eight year old child, as he woke up, saw deceased burning in room and both appellants standing by side of door of room -..........
Indian Penal Code, 1860, Section 302, 201 -- Murder of old lady - No eye witness - Recovery of 'Kariyan' and 'Hansali' not proved beyond reasonable doubt as they not received in their original shape - Halwani not recovered from place in exclusive and conscious possession of accused - Burnt pieces of cloth not matching with original clothes of accused - Gap of 24 hours in..........
Penal Code, 1860, Section 302,449 -- Arms Act, 1959, Section 27 - Appreciation of evidence - FIR lodged promptly - Presence of PW5 at the time of occurrence proved on record - Motive too stands proved - Medical evidence supporting prosecution story - Mere fact that the recoveries were made in an improper manner would not mean that the entire prosecution story was a..........
Indian Penal Code, 1860, Section 302, 324 -- Murder - Sole testimony of PW1 daughter of both deceased - Injuries also caused on hand of PW1 - Accused grandfather of PW1 - PW1 firm in cross examination and fully reliable - PW1 supported by other evidence - Other evidence trustworthy and corroborating version of PW1 - Conviction upheld...........
Indian Penal Code, 1860, Section 302, 304 Part I -- Accused coming with gun to house of complainant party and hurling abuses - On being chased by complainant party, accused firing only once - Death of 'G' from pellets - Offence does not travel beyond S.304, Part I - Conviction altered from S.302 to that u/s 304 Part I...........
Indian Penal Code, 1860, Section 302 -- Murder of two small children - Appellant killing her two small children during fits of insanity - Also attempting to commit suicide - No motive - Mens rea wanting - Held, it is just and proper to extend benefit of doubt - Appellant acquitted...........
Indian Penal Code, 1860, Section 149, 302 -- Murder - Common intention - Deceased caught the accused while committing theft of standing crop - Co-accused attacked the victim in order to secure release of accused - Not a case of pre-mediated murder - Common intention cannot be attributed to attract S.149 IPC - Accused to be convicted after adjudging guilt of each accused..........
Indian Penal Code, 1860, Section 302, 397 -- Murder by axe blow and then caused injury to PW1 wife of deceased and robbed her Rs.500/- - Appellant then went to his employer in midnight and made extra judicial confession before employer PW7, his wife PW2 and neighbourer PW 19 - PW1 wife of deceased when examined by doctor about her injuries narrated history of assault by..........
Indian Penal Code, 1860, Section 302 -- Murder - Cause of death - When doctor not certain - Held, where a doctor conducting post-mortem examination would not be certain with regard to the cause of death and there have been no other connecting link placed by the circumstances, it would be hazardous to convict the appellants for causing death of the victim...........
Indian Penal Code, 1860, Section 302 -- Murder - Sole testimony of eye witness - FIR lodged promptly - FIR not a fabricated document - Presence of eye witness, PW 3 on spot not doubted merely because his blood stained clothes not seized - PW 3 taking deceased to hospital and lodging FIR promptly - Injuries inflicted on deceased on his refusal to give money to accused for..........
